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Canceled order recieved

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tbones89

Junior Member
What is the name of your state (only U.S. law)? NJ
Hi, I had ordered on line a laptop from Dell and than they canceled my order after I did not respond to a email, stating my order would be delayed by 5 days and by law I had to respond in 24 hours, if I did not they would cancel my order, and I did not respond in 24 hours. And I decided I did not want the Laptop. Than on Monday Fed EX delivered the laptop anyway, 4 days after Dell sent me a email telling me my order was canceled. Do I have to pay them for the laptop, if I want to keep it, stupid question but I was just wondering. I tried calling them, and they kept transferring me to one person after another person, so after 5 minutes of this I hung up. T Hanks for any advice
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NJ
Hi, I had ordered on line a laptop from Dell and than they canceled my order after I did not respond to a email, stating my order would be delayed by 5 days and by law I had to respond in 24 hours, if I did not they would cancel my order, and I did not respond in 24 hours. And I decided I did not want the Laptop. Than on Monday Fed EX delivered the laptop anyway, 4 days after Dell sent me a email telling me my order was canceled. Do I have to pay them for the laptop, if I want to keep it, stupid question but I was just wondering. I tried calling them, and they kept transferring me to one person after another person, so after 5 minutes of this I hung up. T Hanks for any advice


Come on, you know the answer to this.

Pay for the laptop or return it.
 

justalayman

Senior Member
if you want it, yes, you have to pay for it. If you don't want it, contact Dell and tell them to arrange shipping to have it returned to them at their cost.

easy peasy
 

tbones89

Junior Member
Well heres the problem, I have tried all day and night to contact them, and every time I call and tell them what happen I keep getting transfered and than put on hold. So far 4 hours total time. I am done, seems like no one wants to take responsibility for the screw up. They did not even know it shipped. I have emailed customer support and no reply. I have cancer and really am sick right now,from the cancer treatments, so if I do not here from them, I will keep it I tried. And if they respond to me than I will send it back at their cost. It is on their shoulders now, so to speak. I have a operation Friday and I will be out of commision for at least 10 days if not more. Thanks
 

Proserpina

Senior Member
Well heres the problem, I have tried all day and night to contact them, and every time I call and tell them what happen I keep getting transfered and than put on hold. So far 4 hours total time. I am done, seems like no one wants to take responsibility for the screw up. They did not even know it shipped. I have emailed customer support and no reply. I have cancer and really am sick right now,from the cancer treatments, so if I do not here from them, I will keep it I tried. And if they respond to me than I will send it back at their cost. It is on their shoulders now, so to speak. I have a operation Friday and I will be out of commision for at least 10 days if not more. Thanks


No, you're really not done.

I'm not wanting to be mean here, but your credit rating is going to take a huge dink if you don't deal with this. They can and will eventually sue you. Are you sure you're calling the right numbers?

Good luck with your surgery.
 

justalayman

Senior Member
If you unbox the thing, it's yours as well.

If you haven't opened it yet and do not want it, set it aside and leave it alone. They quite likely will catch up to the shipment and will probably bill your credit card.

Then you can deal with it as you need to.
 

tbones89

Junior Member
hi, Ok because I am in so much pain I forgot a few facts,
1)here is a copy of email from Dell:
Your recent Dell order (listed below) has been canceled because it was delayed and we were unable to get permission from you to continue processing the order.
Permission is required under the Federal Mail Order Rule.

To replace your order or to purchase an alternate product please visit Laptops, Desktop Computers, Monitors, Printers & PC Accessories | Dell
or contact our Sales Department on 1-800-289-3355.

To learn more about the Mail Order Rule, click here.
1st email:
Dell Purchase ID: ***
Customer Number: *********

Your order has been delayed again and we need your permission today to continue
processing your order or it will be automatically canceled
(as required by the Federal Trade Commission).


How to avoid cancelation of your order:

Contact us today to let us know that you still want us to ship this order, though it will arrive
later than expected (see the Revised Estimated Delivery Date below)

Simply send an email today to [email protected] stating that you are giving us
permission to continue processing this order.
Please include the order number (shown below) in your e-mail.

If you are not online please try dialing 1-877-868-3355 and we will answer your call as quickly
as we can. Dell agents are available from 8am to 9pm Monday to Friday CST .

If we do not receive permission the order will automatically be canceled within 24 hours.
Emialed recieved 4/7 and 4/8 7am both days.
So they broke the law, FTC regulations. Probally why no one wnats to take responsibilty for this. They can get into Trouble with the Goverment. And since I did not respond and they sent it anyway, I can contact the FTC and let them know. I will not, to sick. I will send them a letter , by registered mail, and see what happens. And yes I know the DEll support number, have been a Dell customer for 5 years.
 

justalayman

Senior Member
No, they did not break the law nor the FTC reg's. What they are talking about is if they sent it, you then state you cancelled the order and they refuse to accept the return and want to charge you.

They have done nothing illegal nor will they get in trouble from anybody.

If you call them and say hey, I did not confirm this order, y'all shipped it anyway and I don't want it. Send me a prepaid package to return it.

and then if they say no, you cannot return it and we are going to charge your credit card; then they have a problem. Not until.
 

Proserpina

Senior Member
So...are we saying here that you basically want the computer, don't want to pay for it and are looking for a way to make that legitimate?
 

tbones89

Junior Member
Here is the rule from the FTC website concerning merchandise shipped without consent as in my case:
Unordered Merchandise

Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:

1. Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or,
2. Try to obtain payment for or the return of the unordered merchandise.

Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $16,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.
Insurance Charges.
And this is from a lawyer who works with the FTC. I have made every effort to return they have not responded.
 

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